As a follow up to our Validating Debt article, if a collection agency has failed to remove a listing, the next step to be taken is to file a lawsuit against the collection agency in small claims court.

It may not be enough to file a lawsuit against the collection agency, this may also have to be done to the credit bureaus as well if the fail to provide a satisfactory method of verification, or did not conduct a reasonable investigation.

Follow these steps:

1. File a lawsuit in small claims court against the collection agency on the basis of violating the FDCPA.

2. Have the papers served to the collection agency. (You can find a paper server on the internet for about $25).

3. In the meantime, in a parallel effort with your lawsuit against the collection agency:

4. If the collection comes back as "verified" from the credit bureaus, you now have proof of further collection activity from the collection agency. (The assumption is that the credit bureau contacted the collection agency to verify the debt.) Since the collection agency did not validate the debt, further collection activity is a violation of the FDCPA.

5. Contact the credit bureaus, and tell them that the creditors did not verify the debts under the FDCPA, and send copies of your proof. Request the method of verification, which is your right under the FCRA. It is crucial to contact the credit bureaus before filing a lawsuit. Make sure you state that the collection agency did not respond to your request for debt validation.

6. They may tell you that the request needs to come from the creditor. This is baloney. If they can't give you reasonable information on how they verified the information and the collection agency has provided you none, you can conclude there was no reasonable investigation performed. The yare teetering on the edge of "willful non-compliance" under the FCRA. Tell them so.

7. File a suit in either small claims, state or federal court. The basis of the lawsuit should be that the credit bureaus could not provide a satisfactory method of verification, or did not conduct a reasonable investigation.

8. Have the papers served. (You can find a paper server on the internet for about $25).

9. Notify the bureaus that you are suing them. You can use this letter. The credit bureaus will call the creditors and find out that there is a question about whether the debt is legitimate. They should delete it immediately. If you want more legal ammo, you might also try looking up similar cases to cite.

I hope these tips have encouraged you. Remember the law is on your side,Good luck on pursuing financial freedom!